First Citizens Cmty. Bank v. Fleet

Full title: FIRST CITIZENS COMMUNITY BANK, PLAINTIFF-RESPONDENT, v. DAVID L. FLEET AND…

Court: SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

Date published: Dec 23, 2020

2020 N.Y. Slip Op. 7812 (N.Y. App. Div. 2020)

Opinion

1186 CA 20-00755

12-23-2020

FIRST CITIZENS COMMUNITY BANK, PLAINTIFF-RESPONDENT, v. DAVID L. FLEET AND TRACY L. FLEET, DEFENDANTS-APPELLANTS.

ROTHENBERG LAW, ROCHESTER (DAVID ROTHENBERG OF COUNSEL), FOR DEFENDANTS-APPELLANTS. PHILLIPS LYTLE LLP, BUFFALO (JEFFREY D. COREN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

CARNI, J.P., LINDLEY, CURRAN, WINSLOW, AND DEJOSEPH, JJ.

PRESENT:

ROTHENBERG LAW, ROCHESTER (DAVID ROTHENBERG OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

PHILLIPS LYTLE LLP, BUFFALO (JEFFREY D. COREN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Appeal from an order and judgment (one paper) of the Supreme Court, Monroe County (J. Scott Odorisi, J.), entered June 5, 2020. The order and judgment granted the motion of plaintiff for leave to reargue and, upon reargument, denied the cross motion of defendants for summary judgment and granted the motion of plaintiff for summary judgment.

It is hereby ORDERED that the order and judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Entered: December 23, 2020

Mark W. Bennett

Clerk of the Court